AG 2011 04 18 - Laserfiche WebLink

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For the reasons set out above, the property is currently classified UNSUITABLE, and no improvement permit shall be issued for this site in accordance with Rule .1948(c). However, the site classified as UNSUITABLE may be classified as PROVISIONALLY SUITABLE if written documentation is provided that meets the requirements of Rule. 1948(d). A copy of this rule is enclosed. You may hire a consultant to assist you if you wish to try to develop a plan under which your site could be reclassified as PROVISIONALLY SUITABLE. You have a right to an informal review of this decision. You may request an informal review by the soil scientist or environmental health supervisor at the local health department. You may also request an informal review by the N.C. Department of Environment and Natural Resources regional soil specialist. A request for infonnal review must be made in writing to the local health department. You also have a right to a formal appeal of this decision. To pursue a formal appeal, you must file a petition for a contested case hearing with the Office of Administrative Hearings, 6714 Mail Center, Raleigh, N.C. 27699 -6714. To get a copy of a petition form, you may write the Office of Administrative Hearings or call the office at (919) 733 -0926 or from the OAH web site at http:/ /wi /forms.shtinl. The petition for a contested case hearing must be filed in accordance with the provision of North Carolina General Statutes 130A -24 and 150B -23 and all other applicable provisions of Chapter 150B. N.C. General Statute 130A -335 (g) provides that your hearing would be held in the county where your property is located. Please note: If you wish to pursue a formal appeal, you must file the petition form with the Office of Administrative Hearings WITHIN 30 DAYS OF THE DATE OF THIS LETTER Meeting the 30 day deadline is critical to your right to a fonnal appeal. Beginning a formal appeal within 30 days will not interfere with any informal review that you might request. Do not wait for the outcome of any infonnal review if you wish to file a formal appeal. If you file a petition for a contested case hearing with the Office of Administrative Hearings, you are required by law (N.C. General Statute 15013-23) to send a copy of your petition to the North Carolina Department of Environment and Natural Resources. Send the copy to: Office of General Counsel, N.C. Department of Envirownent and Natural Resources, 1601 Mail Service Center, Raleigh, N.C. 27699 -1601. Do NOT send the copy of the petition to your local health department. Sending a copy of your petition to the local health department will NOT satisfy the legal requirement in N.C. General Statute 150B -23 that you send a copy to the Office of General Counsel, NCDENR. You may call or write the local health department if you need any additional information or assistance. Sincerely, Mark D. Thor on, R.E.H.S. Registered E viromnental Health Specialist Signature of Authorized Agent - DENR Encl.: (Enclose copy of site evaluation) (Copy of Rule. 194 8) Note: Recommend to obtain permission to evaluate adjacent property and /or consider using an incinerator toilet. G -2 Attachment number 2 Page 197